At the outset, it is important to highlight what is considered a work situation analogous to slavery, which must result from the following situations, either together or separately, according to the Ministry of Labour and Social Security:
- The submission of workers to forced labor;
- The submission of workers to an exhausting journey;
- The subjection of workers to degrading working conditions;
- The restriction of the worker's locomotion, either due to a debt contracted, or through the restriction of the use of any means of transport by the worker, or by any other means in order to retain him at the place of work;
- Overt surveillance in the workplace by the employer or his agent, in order to retain him in the workplace;
- Possession of documents or personal objects of the worker, by the employer or his representative, in order to retain him at the workplace.
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In this way, Judge Julia Pestana Manso de Castro, of the 6th Labor Court of São Paulo-SP, condemned an employer to pay R$ 50 thousand, as compensation for moral damages. The employer reduced the worker to a condition analogous to that of a slave, due to the degrading working conditions.
As verified, the employee worked for more than two years without receiving any salary, while taking care of the boss's farm. To be able to survive, the worker had to be helped by third parties. Another factor analyzed in the decision was the fact that the power supply to the workplace, which was where the professional resided, was cut off due to lack of payment.
As based on the decision, the rights basic fundamentals of the employee were disrespected, so that, according to the magistrate, "the employer left the worker to his own luck, without decent work and housing conditions".
Finally, as the Brazilian Penal Code also addresses the subject, in its article 149, in a way that must still be judged criminally, according to the judge, “the criminal analysis of the matter is not within the competence of this Court”. In the labor sphere, the conviction recognized the payment of sums such as prior notice, wages, overdue vacations, BRL 50,000 in moral damages and the indirect termination of the employment contract.
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